Tuesday, May 08, 2007 Libel case filed by Zozobrado to go on By Rhodamae M. Hernandez
THE libel case filed by the late councilor Jesus Zozobrado against a radio broadcaster is still on preliminary investigation and may push through, such that the accused need not heave a sigh of relief yet, said Chief City Prosecutor Raul Bendigo.
"If the respondent will die, the case will automatically be dismissed but if the complainant will die, the case will still go on," Bendigo told Sun.Star Davao in explaining why the case will continue to go through the process even after Zozobrado's death.
Bendigo cited Article 89 of the Revised Penal Code where it lists down instances when criminal liability can be extinguished, and death of the complainant is not one of them.
He also said the case will soon be resolved after the respondent will file his counter-affidavit at the City Prosecutor’s Office.
"Whoever heard the broadcast and recorded the broadcast can be witnesses in the case of libel," Bendigo said.
The libel case was filed by Zozobrado against Jongjong Suyco, host of Abante Mindanao aired over Radio DxGO on R. Castillo in Agdao, Davao City.
The case was assigned to Prosecutor Victor Sepulveda after city prosecutors Jofre Saniel and Victoriano M. Bello Jr. inhibited from the case.
Zozobrado said Suyco accused him and four other councilors of receiving money from the management of Metro Davao Transport Terminal at SM Davao in exchange for a favor.
Court records show Suyco went to see the late councilor at his office and demanded that he explain why his name was on the list of councilors who received money.
Zozobrado reportedly told Suyco he is not in a position to explain because he had not seen the billings.
Suyco then allegedly pulled out some papers and slapped it on top of his table.
He added that as Suyco was about to leave, he noticed that the latter was holding a tape recorder and found out that the suspect replayed the recorded conversation over his radio program.
Suyco is now facing a libel case and violation of the Anti-wiretapping Act.
